Texas 2023 - 88th Regular

Texas House Bill HB1648 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R3802 JCG-F
2	2	By: Anderson H.B. No. 1648
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the carrying or possession of a handgun by a district
8	8	clerk and the issuance of a handgun license to a district clerk.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 411.1882(a), Government Code, is amended
11	11	to read as follows:
12	12	(a) A person who is serving in this state as the attorney
13	13	general or as a judge or justice of a federal court, as an active
14	14	judicial officer as defined by Section 411.201, as a United States
15	15	attorney, assistant United States attorney, assistant attorney
16	16	general, district attorney, assistant district attorney, criminal
17	17	district attorney, assistant criminal district attorney, county
18	18	attorney, or assistant county attorney, as a district clerk, as a
19	19	supervision officer as defined by Article 42A.001, Code of Criminal
20	20	Procedure, or as a juvenile probation officer may establish handgun
21	21	proficiency for the purposes of this subchapter by obtaining from a
22	22	handgun proficiency instructor approved by the Texas Commission on
23	23	Law Enforcement for purposes of Section 1702.1675, Occupations
24	24	Code, a sworn statement that indicates that the person, during the
25	25	12-month period preceding the date of the person's application to
26	26	the department, demonstrated to the instructor proficiency in the
27	27	use of handguns.
28	28	SECTION 2. The heading to Section 411.201, Government Code,
29	29	is amended to read as follows:
30	30	Sec. 411.201. ACTIVE AND RETIRED JUDICIAL OFFICERS; CERTAIN
31	31	COURT OFFICERS.
32	32	SECTION 3. Section 411.201(h), Government Code, is amended
33	33	to read as follows:
34	34	(h) The department shall issue a license to carry a handgun
35	35	under the authority of this subchapter to an applicant who meets the
36	36	requirements of this section for an active judicial officer and who
37	37	is a United States attorney or an assistant United States attorney,
38	38	[or to] an attorney elected or employed to represent the state in
39	39	the prosecution of felony cases, or a district clerk [who meets the
40	40	requirements of this section for an active judicial officer]. The
41	41	department shall waive any fee required for the issuance of an
42	42	original, duplicate, or renewed license under this subchapter for
43	43	an applicant who is a United States attorney or an assistant United
44	44	States attorney, [or who is] an attorney elected or employed to
45	45	represent the state in the prosecution of felony cases, or a
46	46	district clerk.
47	47	SECTION 4. Section 46.15(a), Penal Code, is amended to read
48	48	as follows:
49	49	(a) Sections 46.02 and 46.03 do not apply to:
50	50	(1) peace officers or special investigators under
51	51	Article 2.122, Code of Criminal Procedure, and neither section
52	52	prohibits a peace officer or special investigator from carrying a
53	53	weapon in this state, including in an establishment in this state
54	54	serving the public, regardless of whether the peace officer or
55	55	special investigator is engaged in the actual discharge of the
56	56	officer's or investigator's duties while carrying the weapon;
57	57	(2) parole officers, and neither section prohibits an
58	58	officer from carrying a weapon in this state if the officer is:
59	59	(A) engaged in the actual discharge of the
60	60	officer's duties while carrying the weapon; and
61	61	(B) in compliance with policies and procedures
62	62	adopted by the Texas Department of Criminal Justice regarding the
63	63	possession of a weapon by an officer while on duty;
64	64	(3) community supervision and corrections department
65	65	officers appointed or employed under Section 76.004, Government
66	66	Code, and neither section prohibits an officer from carrying a
67	67	weapon in this state if the officer is:
68	68	(A) engaged in the actual discharge of the
69	69	officer's duties while carrying the weapon; and
70	70	(B) authorized to carry a weapon under Section
71	71	76.0051, Government Code;
72	72	(4) an active judicial officer as defined by Section
73	73	411.201, Government Code, who is licensed to carry a handgun under
74	74	Subchapter H, Chapter 411, Government Code;
75	75	(5) an honorably retired peace officer or other
76	76	qualified retired law enforcement officer, as defined by 18 U.S.C.
77	77	Section 926C, who holds a certificate of proficiency issued under
78	78	Section 1701.357, Occupations Code, and is carrying a photo
79	79	identification that is issued by a federal, state, or local law
80	80	enforcement agency, as applicable, and that verifies that the
81	81	officer is an honorably retired peace officer or other qualified
82	82	retired law enforcement officer;
83	83	(6) the attorney general or a United States attorney,
84	84	district attorney, criminal district attorney, county attorney, or
85	85	municipal attorney who is licensed to carry a handgun under
86	86	Subchapter H, Chapter 411, Government Code;
87	87	(7) an assistant United States attorney, assistant
88	88	attorney general, assistant district attorney, assistant criminal
89	89	district attorney, or assistant county attorney who is licensed to
90	90	carry a handgun under Subchapter H, Chapter 411, Government Code;
91	91	(8) a bailiff designated by an active judicial officer
92	92	as defined by Section 411.201, Government Code, who is:
93	93	(A) licensed to carry a handgun under Subchapter
94	94	H, Chapter 411, Government Code; and
95	95	(B) engaged in escorting the judicial officer;
96	96	(9) a juvenile probation officer who is authorized to
97	97	carry a firearm under Section 142.006, Human Resources Code; [or]
98	98	(10) a person who is volunteer emergency services
99	99	personnel if the person is:
100	100	(A) carrying a handgun under the authority of
101	101	Subchapter H, Chapter 411, Government Code; and
102	102	(B) engaged in providing emergency services; or
103	103	(11) a district clerk who is carrying a handgun the
104	104	district clerk is licensed to carry under Subchapter H, Chapter
105	105	411, Government Code.
106	106	SECTION 5. Sections 411.1882(a) and 411.201(h), Government
107	107	Code, as amended by this Act, apply only to an application for a
108	108	license to carry a handgun submitted on or after the effective date
109	109	of this Act. An application submitted before the effective date of
110	110	this Act is governed by the law in effect on the date the
111	111	application was submitted, and the former law is continued in
112	112	effect for that purpose.
113	113	SECTION 6. Section 46.15, Penal Code, as amended by this
114	114	Act, applies only to an offense committed on or after the effective
115	115	date of this Act. An offense committed before the effective date
116	116	of this Act is governed by the law in effect on the date the offense
117	117	was committed, and the former law is continued in effect for that
118	118	purpose. For purposes of this section, an offense was committed
119	119	before the effective date of this Act if any element of the offense
120	120	occurred before that date.
121	121	SECTION 7. This Act takes effect September 1, 2023.